Under the castle doctrine recognized in more than 20 states


Problem: "Stand Your Ground" on a Slippery Slope?

On February 26, 2012, Trayvon Martin, a 17-year-old African American male, was shot and killed by 28-year-old George Zimmerman. In the early evening, Martin, wearing a hooded gray sweatshirt, had walked from his relative's town house to a nearby convenience store to buy candy and a soft drink; he was unarmed. On his way back, he called his girlfriend to tell her that he was being followed. Zimmerman called 911 from his car to report that he saw someone suspicious in his neighborhood. Although the 911 operator told Zimmerman that he should not follow Martin, Zimmerman apparently got out of his car when Martin began to run. Although it was dark, eyewitness accounts reported seeing two men fighting and then seeing one of them laying on the grass, apparently shot.2 On July 13, 2013, a jury found Zimmerman not guilty of second degree murder and manslaughter based on Florida's 205 stand-your-ground law.3 Under Florida's stand-your-ground law, those who "reasonably believe" that force-even deadly force-is necessary to protect against death or great bodily harm may use such force instead of retreating.4 This expanded right to defend oneself now exists in more than 30 states. As The Wall Street Journal reported in 2012, justifiable homicide nearly doubled from 2000 to 2010, whereas overall U.S. homicide rates declined.5 A 2012 study by an economics professor and PhD student at Texas A&M University concluded that stand-your ground laws do not deter burglary, robbery, or aggravated assault.6

Questions

1. In your view, are stand-your-ground laws moral? Explain.

2. Under the castle doctrine, recognized in more than 20 states, generally homeowners may use force- including deadly force-to defend themselves in their own home.

a. How might the castle doctrine be supported morally?

b. In 2012, Fredenberg, an unarmed Montana resident, was shot and killed by Harper, a man who was romantically involved with Fredenberg's wife. Fredenberg had gone to Harper's home to confront him about the affair. Under Montana's castle doctrine, Harper did not face charges.7 In your view, is this an appropriate application of the castle doctrine? Explain.

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Business Law and Ethics: Under the castle doctrine recognized in more than 20 states
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